What is the effect of the Attorney General issuing a certificate of probable cause and notice of appeal?
California, United States of America
The following excerpt is from People v. Schad, 21 Cal.App.3d 201, 98 Cal.Rptr. 439 (Cal. App. 1971):
1 Although, as the Attorney General points out, both the notice of appeal and certificate of probable cause were untimely, we deem it appropriate to entertain the appeal on its merits. (People v. Herrera (1967) 66 Cal.2d 664, 58 Cal.Rptr. 319, 426 P.2d 887.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (California, United States of America)
Does the Attorney General have to issue a certificate of probable cause in an insanity proceeding? (California, United States of America)
Can a defendant withdraw her plea and appeal against a certificate of probable cause issued by the Superior Court of Appeal? (California, United States of America)
What issues may be raised in an appeal from a guilty or no contest plea without a certificate of probable cause? (California, United States of America)
Can we agree that the certificate of probable cause statute makes a distinction between appeals raising issues that are at least partially factual? (California, United States of America)
Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)
Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
What is the test for issuing a certificate of probable cause for appeal? (California, United States of America)
Does a certificate of probable cause need to be issued when an appeal is taken from the denial of a motion to set aside the judgment? (California, United States of America)
